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23 Dec 2013, 9:36 pm
The seminal case on this issues is US Airways, Inc. v Barnett (2002), decided by the US Supreme Court. [read post]
23 Dec 2013, 5:16 am
  But for the reconsideration, Weeks almost certainly achieved opprobrium as our #1 worst case of the year. [read post]
22 Dec 2013, 10:01 pm by Cathy Siegner
” Be practical about the lowest level of bacterial or pathogen contamination that can be achieved. [read post]
22 Dec 2013, 2:53 pm by Silverberg Zalantis LLP
While "[z]oning laws must be [*3]enacted in accordance with a comprehensive land use plan" (Rocky Point Drive-In, L.P. v Town of Brookhaven, 21 NY3d 729, ___, 2013 NY Slip Op 07513, *2 n 1 [2013]; see Town Law § 263), to establish compliance, "respondents need only show that the zoning amendment was adopted for 'a legitimate governmental purpose'" and the amendment will not be considered arbitrary unless "'there is no reasonable relation between the end sought to be achieved by the… [read post]
21 Dec 2013, 5:55 pm by Howard Friedman
The court also concluded that the government is unlikely at trial to be able to show that it has a compelling interest for imposing the burden, or that it has used the least restrictive means to achieve it goals.In Reaching Souls International, Inc. v. [read post]
8 Dec 2013, 2:02 pm by Omar Ha-Redeye
The Supreme Court of Canada recently upheld in Katz Group Canada Inc. v. [read post]